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WRONG DEFAULT: (CAN THEY GET AWAY WITH IT ?) ...
Last post Wed, Jan 17 2007, 8:01 PM by linford04 . 14 replies.
Wed, Jan 17 2007, 8:01 PM
linford04
Joined on Mon, Oct 23 2006
Level 4: Shopaholic
Points 1,884
Re: WRONG DEFAULT: (CAN THEY GET AWAY WITH IT ?) ...
I am the person you said should be deafaulted
Wed, Jan 17 2007, 7:14 PM
Wed, Jan 17 2007, 7:10 PM
linford04
Joined on Mon, Oct 23 2006
Level 4: Shopaholic
Points 1,884
Re: WRONG DEFAULT: (CAN THEY GET AWAY WITH IT ?) ...
upon what facts do you base this defamatory reply.........??..........choose your words very carefully,,,,,,,,,,,,,,,,,,,,,using the word "default" against me publicly is very dangerous..................I trust you have studied law matey.....................you could be on sticky ground here............
Wed, Jan 17 2007, 7:05 PM
linford04
Joined on Mon, Oct 23 2006
Level 4: Shopaholic
Points 1,884
Re: WRONG DEFAULT: (CAN THEY GET AWAY WITH IT ?) ...
So, festive 3 weeks delay is acceptable then ?, ..............glad I don't depend on you...............we are ALL busy matey..........again, if you can't stand the heat.......................................
go and watch the football on sky instead.....................
Wed, Jan 17 2007, 7:02 PM
Leahb03
Joined on Wed, Jan 17 2007
Level 2: Just Browsing
Points 60
Re: WRONG DEFAULT: (CAN THEY GET AWAY WITH IT ?) ...
lol...maybe someone should default you (linford04) with that attitude!
Take a chill pill.....
Oh and by the way, you may respond quicker than linford chrisitie but, now you may need to sit down for this, most people have lives and dont live online....
Wed, Jan 17 2007, 7:01 PM
absentfriend
Joined on Sat, Dec 23 2006
Level 4: Shopaholic
Points 30,198
Re: WRONG DEFAULT: (CAN THEY GET AWAY WITH IT ?) ...
No forums expect speedy responses. Most participants have busy lives and contribute when they are able. If speedy responses were required, this would be a real-time chat room.
What is required, however, is courtesy, and I suspect that, the busier the forums become, the more likely it is that moderation will occur, and that aggressive posts will risk removal or editing.
Cat
Wed, Jan 17 2007, 6:55 PM
linford04
Joined on Mon, Oct 23 2006
Level 4: Shopaholic
Points 1,884
Re: WRONG DEFAULT: (CAN THEY GET AWAY WITH IT ?) ...
no NOT sarcastic..................but just saying the truth..........................this forum expects a response quicker than his and not just a window shopping approach......................
just look at the speed of ALL my responses..........................if you can't stand the heat....................................
more anon
Wed, Jan 17 2007, 6:43 PM
Leahb03
Joined on Wed, Jan 17 2007
Level 2: Just Browsing
Points 60
Re: WRONG DEFAULT: (CAN THEY GET AWAY WITH IT ?) ...
I would try the friendly approach without solicitiors as advised by Catastrophica. There is little point getting aggressive or threatening immediately, when a resolution can be gained amicably. If a negative response is received back by the defaulters, then you can go in stronger with legal support, if you feel it is financially worth it?
I would also like to comment on linford04 response. I feel you were very sarcastic to Catastrophicas' advice and at the end of the day, thats all it is, advice! FREE ADVICE
PS/ Like the "anon" bit
Wed, Jan 17 2007, 2:04 PM
linford04
Joined on Mon, Oct 23 2006
Level 4: Shopaholic
Points 1,884
Re: WRONG DEFAULT: (CAN THEY GET AWAY WITH IT ?) ...
I am not in competiton either and NOR am I "hostile"......................please choose your future words CAREFULLY...........remember, you have legal experience so you should use such knowledge in your wording.
Law is built upon different views.........................so why are you getting upset at me differing from you ??
as for your delay...................I would have thought common courtesy comes into play here..................but it is obvious that good manners has slipped your mind because you are just "popping in" now and again....................fine...................but not much help to the originator.........
anon
Wed, Jan 17 2007, 12:28 PM
problems
Joined on Fri, Jan 12 2007
Nottingham
Level 3: Cool Customer
Points 676
Re: WRONG DEFAULT: (CAN THEY GET AWAY WITH IT ?) ...
In an effort to assist, try consulting a Solicitor. If he tells you that you have a good case then ask him to do it on a no win no fee basis. If he/she wont take it on on that basis well......... speaks for itself.
Wed, Jan 03 2007, 8:47 PM
absentfriend
Joined on Sat, Dec 23 2006
Level 4: Shopaholic
Points 30,198
Re: WRONG DEFAULT: (CAN THEY GET AWAY WITH IT ?) ...
Hello.
I'm sorry to have triggered such hostility. In point of fact, no-one *is* relying on me for responses; I only recently came to these forums, as you can see from my joining date.
I, too, deal in facts, but there is always a personal perspective. Anyone utilising the boards is always welcome to cherry-pick from the responses that they get. It all depends on how comfortable you are with dealing with issues like these yourself, or if you are happier handing over money to a solicitor to do it for you. Which option you choose would depend upon very personal circumstances and the kind of money you feel may be involved.
As may be obvious from my previous post, I gained a law degree, but opted instead for a career in banking, before the family business had need of me. I also have experience of such matters, but that doesn't make my advice better than the next person's if I happen to come at things from a different angle. From my POV, litigation and additional expense are two things to be avoided if at all possible, without compromising one's rights.
I write only in the hope that something I say may be helpful. It may not. I am certainly not in competition with others who have advice to offer.
Regards
Cat
Wed, Jan 03 2007, 8:34 PM
linford04
Joined on Mon, Oct 23 2006
Level 4: Shopaholic
Points 1,884
Re: WRONG DEFAULT: (CAN THEY GET AWAY WITH IT ?) ...
3 weeks to reply....?????????
good job nobody relies on you for responses matey................
"personally" I WOULD consult a solicitor................................................I have experience of this issue............!!!
as usual, I deal with facts !!!
Wed, Jan 03 2007, 12:30 PM
absentfriend
Joined on Sat, Dec 23 2006
Level 4: Shopaholic
Points 30,198
Re: WRONG DEFAULT: (CAN THEY GET AWAY WITH IT ?) ...
Personally, I would be doubtful about consulting a solicitor. Although you can likely get a free initial consultation, any further action is likely to cost you money.
You say that the company responsible have accepted that they made a mistake and apologised? Referring to their letter, I would write to them, and say that you would welcome some discussion as to compensation, as you have clearly been placed at a pecuniary disadvantage due to their negligent actions in not ensuring that the default was correctly registered (use that exact phrase!!).
Keep the tone of your letter light and unthreatening - along the lines of "Hey guys, you made a mistake, so I've had a rough time, what can we do to put this right...." (Not that exact phrase!) If, at first, they are resistant, then you could say something like "I am now in the process of taking legal advice as to potential liability in this matter, and would like to offer you a further opportunity to enter into a discussion with me. I consider this a matter of principle and will not stop short of pursuing it as far as I may." Because they don't want a legal case brought against them, and, even if you can't afford to bring one, they are not currently aware of that, are they? My experience is that the most likely approach in getting results is not 'aggrieved victim' but ' crusader campaigner' - a very worrying type for a financial institution in the moral wrong to cope with!!
I wouldn't like to comment on your chance of success. These things do happen and, mostly, I would guess that the companies making the mistakes, by and large, get away with it because most people are just hugely relieved to have their credit rating restored.
Being your own advocate is something that gets easier with practice. Give it a try!! You might not succeed this time but you will learn the pitfalls and the procedures, so that, next time you get ripped off, you are better equipped to handle it.
Solicitors are fabulous to have on side for the really grave stuff. Short of that, I really do suggest that everyone take up issues like this for themselves. If I can find any precedent for such a case, I will let you know.
Hope that helps! Sorry it's a bit late after your original post, but I've had a rather hectic Christmas!
Cat
Thu, Dec 14 2006, 4:36 PM
linford04
Joined on Mon, Oct 23 2006
Level 4: Shopaholic
Points 1,884
Re: WRONG DEFAULT: (CAN THEY GET AWAY WITH IT ?) ...
not sure about the sue angle, but I do believe it is worth consulting a solicitor to ascertain what legal recompense you could achieve and then a suitable warning letter to them may prompt them to setttle out of court............
Thu, Dec 14 2006, 3:52 PM
mondy
Joined on Thu, Dec 14 2006
Level 2: Just Browsing
Points 95
WRONG DEFAULT: (CAN THEY GET AWAY WITH IT ?) ...
DURING A SEARCH BY MY NEW MORTGAGE COMPANY, THEY EXPRESSED A CONCERN ABOUT A DEFAULT ON MY CREDIT REPORT FROM EXPERIAN. I JOINED ONLINE AND TO MY ASTONISHMENT A DEFAULT WAS ON MY REPORT FROM 2001. ID NEVER DEALT WITH THIS COMPANY AND EXPERIAN SORTED IT OUT FOR ME AND GOT MY NAME CLEARED. I ALWAYS WONDERED WHY I GOT TURNED DOWN FOR LOANS AND ENDED UP GOING TO HIGHER INTEREST LOAN COMPANIES. THE FINANCIAL COMPANY WHO PUT THE DEFAULT ON ME GOT THE WRONG MIDDLE NAME AS WELL BUT STILL GIVE ME THE DEFAULT. THEY ADMITTED THEY GOT IT WRONG AND APOLOGISED. MY QUESTIONS ARE : 1.. CAN I SUE THEM FOR COMPENSATION FOR ME PAYING HIGHER RATES OVER THE LAST 5 YEARS. Q2.. SHOULD I WRITE TO THEM ASKING FOR COMPENSATION BEFORE CONSULTING A SOLICITOR. IM ABSOLUTELY LIVID OVER THIS FIRM AND FEEL THEY OWE ME ??